Allahabad High Court
Smt. Basmati Devi And 2 Others vs Ram Sewak And 2 Others on 18 July, 2022
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4851 of 2022 Petitioner :- Smt. Basmati Devi And 2 Others Respondent :- Ram Sewak And 2 Others Counsel for Petitioner :- Abhishek Rai Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioners.
The present petition has been filed challenging the order dated 26.5.2022 passed by the Civil Judge (Junior Division), District Gorakhpur in Original Suit No. 315 of 2005 whereby the trial court has modified the previous interim injunction granted by it and has directed that the said order shall not be applicable on the newly impleaded defendant - respondent no. 3.
This petition was entertained for hearing by this Court vide its order dated 28.6.2022 and through the said order, the parties were directed to maintain status-quo regarding the disputed property.
Today, a Vakalatnama filed by Sri Birendra Singh and Sri Anurag Rai, Advocates on behalf of respondent - defendant no. 1 is taken on record.
A counter affidavit filed by Sri Arun Kumar, the counsel for respondent no. 3 is also taken on record.
The counsel for the petitioners prays for some time to file their rejoinder affidavit.
It has been stated by the counsel for the parties that the application for temporary injunction is still pending and no final orders have yet been passed on the same.
Considering that the petition arises from interlocutory proceedings and no final orders have yet been passed by the trial court on the application for temporary injunction filed by the plaintiffs - petitioners, it would serve no purpose to keep the petition pending.
In the circumstances, the Civil Judge (Junior Division), District Gorakhpur is directed to decide the application for temporary injunction filed by the plaintiffs - petitioners in Original Suit No. 315 of 2005 within six months from today and, in any case, by 31st January, 2023 after giving the defendants an opportunity of hearing.
Considering that an order dated 28.6.2022 had previously been passed by this Court in the present petition, parties are directed to maintain status-quo regarding the suit property, i.e., the property involved in Original Suit No. 315 of 2005 till the disposal of the application for temporary injunction filed in Original Suit No. 315 of 2005.
With the aforesaid direction, the petition is disposed of.
Order Date :- 18.7.2022 Satyam